Moore v. Abdalla

Appellee, hereafter called the plaintiff, instituted his action in tort against appellant’s decedent, charging that by the neglig'ence of the defendant’s servant, the automobile of plaintiff was damag'ed in a collision; and the exact amount expended in repairs was stated in the declaration. Defendant took the position that the action was one in debt and filed a plea of nil debit and therewith a counterclaim for the money spent for the repair of defendant’s automobile damaged in the same collision..

Plaintiff demurred to the pleas on the ground that the proper plea would be not guilty and that…